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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 12/19/2006 - RESOLUTION 2006-131 AMENDING THE DOWNTOWN STRATEGI ITEM NUMBER: 28 AGENDA ITEM SUMMARY DATE: December 19, 2006 FORT COLLINS CITY COUNCIL STAFF: Ted Shepard SUBJECT Resolution 2006-131 Amending the Downtown Strategic Plan to Add Criteria Relating to Increasing the Maximum Allowable Height in the Canyon Avenue and Civic Center Sub-Districts of the Downtown Zone RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY At the December 5,2006 City Council meeting,in consideration of the Fall 2006 update of the Land Use Code,Council directed Staffto amend the Downtown Strategic Plan(DSP)to capture Council's discussion of possible factors to consider in future requests for Modification of Standards to increase building height above limits in the proposed standards. These considerations are relevant to criteria for Modification of Standards in Section 2.8 of the Land Use Code. BACKGROUND Council acknowledged that block-by-block building height limits in the two affected Downtown sub-districts represented a delicate balance between multiple competing interests. These height limits are accompanied by design standards to ensure that tall buildings downtown are attractive at both the street and upper levels and responsive to the urban context. While height limits provide predictability,Council desires to acknowledge that a future project may need flexibility in height limits to accommodate unique public benefits. Examples of such public benefits discussed during the process are noted in a proposed section 2.2.3 b.to be added to the DSP. The proposed new paragraph is shown below in the context of the rest of section 2.2,which is found on p. 39 of the DSP. December 19, 2006 -2- Item No. 28 DSP SECTION TO BE AMENDED: 2.2 Urban Design 2.2.1. Continue to allow taller buildings (more than 3 stories), to support the market recommendations for redevelopment in the hifill/Transition Area, and to reinforce downtown as the primary focal point of Fort Collins from a community appearance and design standpoint. a. Redevelopment will likely require new buildings that are larger than the majority of existing buildings in the area. Redevelopment is more financially feasible with relatively larger buildings, particularly if parking is to be provided in structures rather than on surface parking lots. In addition,the various transportation and market benefits of more jobs and housing close to the core are more significant with relatively larger buildings. b. As stated in previous plans and affirmed in this planning process, this area is THE primary place to allow a dynamic,mixed urban environment with buildings of widely varied sizes and functions. Architecture, streets, and other spaces can be more dramatic with relatively larger buildings as suggested by market recommendations for redevelopment. 2.2.2. Acknowledge that taller buildings affect various interests differently, with both positive and negative effects; and set standards for scale and careful design so that negative effects are considered and mitigated (e.g., changes to historic character, quality of life in nearby neighborhoods,sunshine patterns in adjacent spaces,views,and large existing trees). a. Architectural creativity and individual expression should include responsiveness to a framework of thoughtful standards for height,mass, and design. The purpose being to blend recommendations for future redevelopment with the area's defining characteristics that will remain as part of the evolving character over time. See 3.2.2 for more detail. 2.2.3. Continue to allow for modifications to standards within the framework of development review, if justified by creative, responsive designs that meet the general parameters for taller buildings in a different way. a. Continue to acknowledge the possibility of creative, negotiated design solutions that fulfill the purpose of a standard in a given development project,yet do not meet the letter of the standards. b. Matters to consider for modification requests for taller buildings include the provision o£ • exceptional architecture that exceeds the standards contained in the Land Use Code; • office space described as "Class A"by the Urban Land Institute for a major primary employer; December 19, 2006 .3. Item No. 28 • significant public parking; and • exceptional building performance demonstrated by Silver, Gold or higher LE.E.D. Certification. SUMMARY OF PLANNING AND ZONING BOARD DISCUSSION The Planning and Zoning Board considered this Minor Amendment to the Downtown Strategic Plan at their December 2006 meeting. Their key points are summarized as follows: • The Board agreed that the Downtown Strategic Plan should contain advisory direction that would help guide future decisions on projects that request building heights above the prescribed maximums. • The Board asked for and received assurance that requirements of Section 2.8 of the Land Use Code, Request For Modification, remain applicable and are not subordinated by the proposed amendment. • For example, the Board asked for and received assurance that a proposed project could satisfy one of the six new criteria and still be denied based on not complying with Section 2.8.2(H) which requires that: "...the decision maker may grant a modification of standards only iffends that the granting of the modification would not be detrimental to the public good, ... " • It is very important to the Board that the proposed amendment be used judiciously. The adding of advisory criteria to the Downtown Strategic Plan for the granting of additional height over prescribed maximums shall not constitute an entitlement. • The Board emphasized that any one individual project gaining additional height by this proposed amendment does not set a precedent for any future projects. • There was consideration of setting a limit on the amount of additional height over the standard that would be allowed. For example,should a building permitted to have 12 stories be granted a modification to have an unlimited amount of additional height? Or should such building be restricted such that any additional height would be limited to no more than a 50%of the standard(six extra stories)? Or would a 33%(four extra stories)upper limit be more appropriate? Ultimately, the Board decided that while the concept had merit, any percentage selected would be arbitrary. It would be better to rely on Article Three standards in the Land Use Code than to place such a cap in the Downtown Strategic Plan. • With recognition that our City is experiencing a growing population and a dynamic Downtown, the Board indicated that erring on the side of flexibility should be a guiding principle. Efficient utilization of land in the Growth Management Area and urbanization of Downtown are seen as positive attributes of City Plan. The Board is aware that the issue of building heights in the Downtown is sensitive and that the Land Use Code revisions adopted on First Reading represent a compromise. All points of view have merit and should be respected and balanced as the City moves forward with new development in the Downtown. RESOLUTION 2006- 131 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE DOWNTOWN STRATEGIC PLAN TO ADD CRITERIA RELATING TO INCREASING THE MAXIMUM ALLOWABLE HEIGHT IN THE CANYON AVENUE AND CIVIC CENTER SUB-DISTRICTS OF THE DOWNTOWN ZONE WHEREAS, at the December 5 , 2006, City Council meeting, the Council considered the Fall, 2006 update of the Land Use Code and directed staff to amend the Downtown Strategic Plan to include criteria by which a request for modification to increase the maximum height of buildings could be reviewed; and WHEREAS , the staff has provided the City Council with such criteria to be used by the decision maker in the consideration of requests for modifications of standards regarding taller buildings in two of the sub-districts in the Downtown Zone; and WHEREAS , the Council has determined that Section 2 .2 . 3 of the Downtown Strategic Plan should be amended to incorporate these additional criteria to aid the decision maker in making a determination as to whether a modification of standards should be granted. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 2 .2 . 3 of the Downtown Strategic Plan is hereby amended to read as follows : 2.2 .3 Continue to allow for modifications to standards within the framework of development review, if justified by creative, responsive designs that meet the general parameters in a different way. a. Continue to acknowledge the possibility of creative, negotiated design solutions that fulfill the purpose of a standard in a given development project, yet do not meet the letter of the standards . b . Matters to consider for modification requests for taller buildings include the provision of. • exceptional architecture that exceeds the standards contained in the Land Use Code ; • office space described as "Class A" by the Urban Land Institute for a major primary employer; • significant public parking; and • exceptional building performance demonstrated by Silver, Gold or higher LE.E .D . Certification. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th day of December, A.D . 2006 . Mayor ATTEST : City Clerk